JOIN & SUPPORT

Please read the following statement carefully and sign and date below to confirm that you have read and understood it. If you have any questions, please contact us immediately for further explanation.

Nonprofit Board Legal Responsibilities

Written by Jeremy Barlow

Board candidates that seek a position on the board of directors of nonprofit organizations are typically passionate about the organization that they want to serve. It's important that all board members of nonprofit organizations understand the legal responsibilities that they hold relative to their positions on the board. Failing to fulfill their responsibilities according to the law may have dire consequences to the individual, as well as to the organization.

A nonprofit board oversees the organization's assets and makes sure that the nonprofit is on sound financial footing. Active oversight includes watching over the organization's operations and people. The board has responsibility for maintaining legal and ethical accountability for its staff and volunteers.

The Three D's

The principles of non-profit corporation law are well established. All board members must meet certain standards of conduct and pay strict attention to their individual and collective responsibilities to the organization and its members. Individual states may have their own laws regarding legal responsibilities of board members that serve on nonprofit boards. Nonprofit board members should be aware of any state laws that affect their position on the board. In addition to state laws, the legal duties of nonprofit board members are defined nicely as "the three D's," which include duty of care, the duty of loyalty, and the duty of obedience.

Duty of Care

Board members use their own judgment to participate in decision-making on behalf of the organization. The responsibility for making informed judgments lies with the board member, which means they need to secure facts and ask questions to get clarity of the issues. Duty of care also means that board members should seek out independent professional advice when decisions relate to buying or selling significant assets or when entering into material contracts.

The Office of Inspector General and the American Health Lawyers Associations state that board members are responsible for two facets of legal compliance with regard to duty of care:

1. To ensure that an information and reporting system exists

2. The reporting system is adequate to flag board members in a timely manner when the organization is threatened by legal concerns

Duty of Loyalty

Having a duty of loyalty means that board members must cast aside any personal or professional interests and place the interests of the non-profit ahead of them. Loyalty also means respecting the confidentiality of the organization's affairs by not disclosing them to outside individuals in a way that leads to loss of opportunity for the organization.

Duty of Obedience

Board members have the responsibility for making sure that the organization complies with all federal, state, and local laws and regulations. It also means that board members should remain faithful to the organization's vision and mission.

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Please read the following statement carefully and sign and date below to confirm that you have read and understood it. If you have any questions, please contact us immediately for further explanation.

• According to the California Attorney General's Guide for Charities: No director may resign where the corporation would then be left without a duly elected director in charge of its affairs…

• In California, any theft, embezzlement, diversion or misuse of a nonprofit organization's charitable property or funds, regardless of the amount of the loss, must be reported on Form RRF-1, the annual filing with the California Attorney General.

• Agreement applies to all volunteers associated with and/or involved in the activities or affairs of Community Action Agency of Organization- California Kurdish Community Center (CKCC). This includes all activity associated with Organization- California Kurdish Community Center (CKCC). at its main office and all outreach and activates sites locations.

• All data, materials, knowledge and information generated through, originating from, or having to do with Organization- California Kurdish Community Center (CKCC). or persons associated with our activities, including contractors, is to be considered privileged and confidential and is not to be disclosed to any third party. All pages, forms, information, designs, documents, printed matter, policies and procedures, conversations, messages (received or transmitted), resources, contacts, e-mail lists, e-mail messages, client, staff or public information is confidential and the sole property of Organization- California Kurdish Community Center (CKCC).

• This also includes, but is not limited to, any information of, or relating to, our staff, members, operations and activities. This privilege extends to all forms and formats in which the information is maintained and stored, including, but not limited to hardcopy, photocopy, microform, automated and/or electronic form. Community, organization and members information, including all file information, is not disclosed to any third party, under any circumstances, without the consent of the Organization- California Kurdish Community Center (CKCC) Board and the Executive Directors.

• Any disclosure, misuse, copying or transmitting of any material, data or information, whether intentional or unintentional, will subject you to disciplinary action and/or prosecution, according to the procedures set by Organization- California Kurdish Community Center (CKCC). bylaws and any applicable laws.

You must delete all information and copies of it from your system.

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Date: _______________________

We hope you are safe and healthy!

Thank you.

Please read the following statement carefully and sign and date below to confirm that you have read and understood it. If you have any questions, please contact us immediately for further explanation.

Participation and Expectations during Working with The California Kurdish Community Center (CKCC)

In order to ensure that you understand The California Kurdish Community Center (CKCC) requirements and expectations as a participant, please read this information carefully and confirm that you understand the requirements of participating in the Organization. Thus, as a participant in the Organization, I acknowledge the following:

• If you are unresponsive to The California Kurdish Community Center (CKCC) for a period of longer than 3 months, or 3 attempts to reach you, that your participation or membership will be suspended, and you will be removed from the organization. Otherwise, you will need to keep organization informed and maintain ongoing communication with board and team in the organization. If my member or team is non-responsive to your emails or calls or texts, you can alert the entire organization staff.

I commit to:

• Maintain a positive attitude during the duration of the participation in the organization

• Reply promptly (within 24 hours whenever possible) to all related texts, emails and voicemails

• Arrive on time for meetings, events, or other activities

• Do my best to meet all deadlines provided by the organization

• Give The California Kurdish Community Center (CKCC) as much advanced notice as possible when I have to miss a deadline or an event

• Share updated contact information with The California Kurdish Community Center (CKCC) if I move to a new address or city in the U.S.

• Tell The California Kurdish Community Center (CKCC) if I need to put my responsibilities on hold, and follow up when I am ready to restart

• Share relevant evidence or updated information upon leaving The California Kurdish Community Center (CKCC) abruptly-unexpectedly

I understand that The California Kurdish Community Center (CKCC) success is dependent on many factors and that I must apply effort in many areas, including:

• Improve my skills in each of the areas recommended by the organization

• Commit my time per week or month to the organization

• Ask for support when I have questions

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Your full name: _______________________

Date: _______________________

Thank you.